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Can illegal punishment be set aside under natural justice
08-Jan-2023 (In Armed Forces Tribunal Law)
I had awarded severe reprimand on 30 mar 2013 under army act sec 47. Mismatch of date in tentative charge sheet and part II order i.e in part ii order is 28 mar 2013 and in tentative charge sheet is 27 mar 2013 and at date of offence column is 28 mar 2012 . at note 1(a) of AA sec 47, offence under this sec should not dealt with summarily under AA sec 80, 83 and 84. I had tried summarily without any special finding nor COI conducted. Can this punishment will be set aside in light of natural justice
Please provide details of the punishment order against you. Also please provide the details of the summary Proceedings to provide complete advise. Please further inform if you are in service and how many years and whether any red ink entries existed previous to this.
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Adv. Nupur Kumar
Delhi | 100+ Answers
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Hi, merely clerical mistakes and part II order entries doesn't make the charge invalid. It also depend on the facts and circumstances of amputations/allegations as why COI was not conducted. From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
Thanks and regards
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Adv. Ganesh Singh
Delhi | 500+ Answers
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Your date of award of punishment is 30/03/2013 and three years are going to be completed in March 16. You should have raised this issue earlier. Have you filed a complaint against this punishment? Notes are for guidance. The defence service regulations give details of such offences which cannot be disposed of summarily or even by SCM.
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Adv. Anand Kumar
Delhi | 100+ Answers
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